(a) 
The city will use a notice of deficiency as an official communication to notify a user that a deficiency has occurred.
(b) 
This written notice will be an initial response to isolated minor deficiencies with requirements of the FOG control program where previous informal communications have been unsuccessful.
(c) 
Within ten (10) business days from receipt of such notice, the user must reply, acknowledging receipt of the notice, and the user’s intended corrective actions. Failure to respond to this notice would constitute a further violation of the FOG control program.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
During an inspection of a non-domestic user, if violations are noted, a field notice of violation (FNOV) may be served to the user. Such notices shall be either personally served or delivered by certified mail, return receipt requested.
(b) 
This document will identify the specific violation(s), the date(s) for corrective action to be completed, and other compliance actions that may be required.
(c) 
Failure to comply with requirements contained in the FNOV shall constitute a further violation of the FOG control program.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
The city will use a notice of violation (NOV) as an official communication to notify the user that a violation of a notice, agreement, order or requirement specified in the FOG control program has occurred or is continuing to occur. Such notices shall be either personally served or delivered by certified mail, return receipt requested.
(b) 
Within ten (10) business days from receipt of such notice, the user must reply, acknowledging receipt of the notice, and the user’s intended corrective actions. Failure to respond to this notice would constitute a further violation of the FOG control program.
(c) 
Nothing in this section shall limit the authority of the city to take any action, including emergency suspension or termination of services, prior to issuing the NOV.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
The city may require a non-domestic user to enter into a compliance schedule agreement (CSA) in those cases where the user is in violation of provisions of the FOG control program and/or the city will require the user to install treatment devices, sample ports, appurtenances, or otherwise implement structural BMPs as described in section 13.07.793 of this division.
(b) 
The issuance of a CSA may contain other terms and conditions necessary to ensure compliance with the FOG control program.
(c) 
The city manager shall not enter into a CSA until such time that all monetary amounts owed to the city, including administrative fees, or other amounts are paid in full.
(d) 
If compliance is not achieved in accordance with the terms and conditions of the CSA during its term, the city manager may issue notice to the user that the CSA will be suspended or revoked and the city manager will escalate enforcement actions.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
When a non-domestic user has demonstrated a history of noncompliance, the city may increase surveillance requirements of that user, including, but not limited to, additional monitoring and reporting activities.
(Ordinance 5523, sec. 2, adopted 11/3/08)
The city may immediately suspend a user's city provided water supply and/or wastewater discharges without providing advanced notice when such suspension is necessary to stop actual or threatened discharges as described in section 13.07.141 of this article. A non-domestic user may petition the city manager as provided by section 13.07.877 of this article as soon as possible after the suspension of services.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
The city may terminate a user's city provided water supply and/or wastewater discharges after providing notice of such actions as described in section 13.07.142 of this article. A non-domestic user may appeal to the city manager for a show cause hearing as provided by section 13.07.877 of this article.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
The city manager may order any non-domestic user which causes or contributes to violation(s) of this division, or orders issued hereunder, to appear before the city manager and show cause prior to the non-emergency termination of water supply and/or wastewater discharge, or at the discretion of the city manager, prior to taking any enforcement action.
(b) 
Notice shall be served on the non-domestic user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken.
(c) 
The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) business days prior to the hearing. Such notice may be served on any authorized representative of the non-domestic user.
(d) 
Whether or not the non-domestic user appears as ordered, immediate enforcement action may be pursued following the hearing date.
(e) 
A show cause hearing shall not be a prerequisite for taking any other action against the user.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
Any discharge to the POTW that causes and/or contributes to blockages, obstruction of flow or other conditions, that alone or in conjunction with other users, cause and/or contribute to back-ups or sanitary sewer overflows onto public or private property may be declared a public nuisance and shall be corrected or abated as required by the city manager.
(b) 
Any person(s) creating a public nuisance shall be subject to the provisions of the city code in article 6.05 governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
Notwithstanding any enforcement remedies specified in section 13.07.872 through section 13.07.879 of this division, the city manager may cite any user in municipal court for violations of this division.
(b) 
Any non-domestic user that violates any provision of this division or any orders issued hereunder, or any other requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine as provided in section 1.01.009 of this code per violation, per day.
(Ordinance 6459 adopted 1/21/22)
(a) 
The provisions of sections 13.07.871 thru 13.07.879 of this division are not exclusive remedies. The city reserves the right to take any, all, or any combination of these enforcement actions against a user that violates division 3 or division 6 of this article. While the enforcement of violations will generally be in accordance with the FOG control program, the city is empowered to take more than one enforcement action, depending on the magnitude and type of noncompliance.
(b) 
In those cases where the user’s discharge, alone or in conjunction with other users, causes pass through or interference that results in a violation of any requirement of the city’s TPDES permit, then the city may initiate administrative or judicial enforcement remedies as allowed in division 5 of this article.
(Ordinance 5523, sec. 2, adopted 11/3/08)